“A federal court jury this week is set to begin tackling a question that has consumed the mobile-device market: Did Samsung Electronics Co. rip off features of Apple Inc.’s iPhone and iPad? But there are actually many questions,” Jessica E. Vascellaro reports for The Wall Street Journal. “After closing arguments Tuesday, three weeks of hard-fought testimony will all boil down to a work sheet—a verdict form the jury will be handed, with around a dozen pages and many more boxes requiring ‘yes’ or ‘no’ answers. Besides Apple’s patent-infringement claims against Samsung, the jury must rule on Samsung’s counterclaims and calculate who owes what for any damages or royalties.”
“During their deliberations, they will consider testimony and libraries of evidence. They also will have the devices in dispute at their fingertips to examine. To determine infringement, the nine jurors—who include a social worker, electrical engineer and unemployed videogame enthusiast—must be unanimous… Both sides are waiting for Judge Lucy Koh to propose a compromised version of the work sheet by Monday, which lawyers will lobby for changes to one more time before their closing arguments. Still also in dispute: the jury instructions Judge Koh is expected to read to the jurors to help them apply the law. They will include definition of terms such as ‘prior art’ and “trade dress” and remind jurors, for example, that deposition testimony and live testimony should be weighed equally.”
Vascellaro reports, “Whatever the outcome, lawyers for the companies expect the loser to appeal. If so, the questions on the jury verdict form may help distill key legal questions. ‘They will be important for narrowing a huge case down to something smaller for appeal,’ said Brian Love, assistant professor at Santa Clara University School of Law. ‘It is better for everyone in the court system when we know what the jury is thinking.'”
Read more in the full article here.
[Thanks to MacDailyNews Reader “Fred Mertz” for the heads up.]
We are just witnessing the end of the first round of a long term court battle between the two tech giants. Even though Samsung takes pride in releasing degraded imitations of other companies hard work, they will most likely end up with a slap on the wrist, do to the fact that these are old products and technology moves at the speed of light compared to our legal system. Also as Americans we should take pride in the innovation and creativity coming from our companies. And so we should defend their rights at least in our own land. I am not a Fanboy, but I do believe we shouldn’t let scumbag companies like Samsung sell their look-a-like not-work-right imitation products in our country. I’m all up for competition, as long as they bring out an original product.
…they will most likely end up with a slap on the wrist, due to the fact that these are old products.
This case is about sales that have already occurred and CPA-certified damages based on lost or unearned profit. If the jury buys the argument, the age of the technology means nothing to the numbers.
I sense a “slow-speed chase” result on this trial.
Appeals could take up to 2 years to complete. By then the penalty would be watered down.
Apple may win but it will only be a psychological one telling it’s competitors that it will take them all the way if they steal their ideas.
Anyone know if this type trial requires a unanimous decision or just a majority to decide the case?
Each claim is settled only by the unanimous vote of all nine jurors.
I believe the quote below from above, answers your question:
“To determine infringement, the nine jurors—who include a social worker, electrical engineer and unemployed videogame enthusiast—must be unanimous…”
Thanks,
Market today seems to be baking in something. I know not what. Its about time.
Sounds reasonable, especially with Apply way up with the market down.
Still the chatter is all about projected Apple next-quarter sales. I guess a few billion one way or another at court is tiny against actual business.
http://mashable.com/2012/08/20/iphone-5-analyst-250-million/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Mashable+%28Mashable%29